Case 2:17-cv-00513-JRG Document 275-4 Filed 01/09/19 Page 1 of 11 PageID #: 18551
`Case 2:17-cv-00513-JRG Document 275-4 Filed 01/09/19 Page 1 of 11 PageID #: 18551
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`EXHIBIT 4
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`EXHIBIT 4
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`Case 2:17-cv-00513-JRG Document 275-4 Filed 01/09/19 Page 2 of 11 PageID #: 18552
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT LLC,
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` Plaintiff,
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`v.
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`HUAWEI DEVICE USA INC., et al.,
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` Defendants.
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`AGIS SOFTWARE DEVELOPMENT LLC,
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` Plaintiff,
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`v.
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`APPLE INC.,
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` Defendant.
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`§
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`Civil Action No. 2:17-CV-513-JRG
`(LEAD CASE)
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`Civil Action No. 2:17-CV-516-JRG
`(CONSOLIDATED CASE)
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`OBJECTIONS AND RESPONSES TO NOTICE OF SUBPOENA TO NEIL GILBERT
`SIEGEL
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`Pursuant to Federal Rule of Civil Procedure 45, Neil Gilbert Siegel serves these Objections
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`and Responses to the September 27, 2018 Subpoena to Testify in a Civil Action (“Subpoena”) of
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`AGIS Software Development, LLC (“AGIS”):
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`GENERAL OBJECTIONS
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`Dr. Siegel makes the following general objections to the Notice, which are hereby
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`incorporated by reference and made part of his Specific Responses and Objections to each topic
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`for examination:
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`1.
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`Dr. Siegel objects to the Notice to the extent it seeks to impose any requirements
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`or obligations in addition to or different from those set forth in the Federal Rules of Civil
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`Procedure, the Local Rules of this Court, any applicable orders of this Court, or any stipulation or
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`agreement by the parties to the above-captioned case.
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`2.
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`Dr. Siegel objects to each deposition topic to the extent it calls for information that
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`is protected from discovery by the attorney-client privilege or the work product doctrine, or that is
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`otherwise protected from disclosure under the Federal Rules of Civil Procedure, the Federal Rules
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`of Evidence, the Local Rules of this Court, any applicable orders of this Court, and/or relevant
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`statutory or case law. Any agreement to testify is made without waiver of, and with preservation
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`of, the right to withhold any information subject to any such privilege or immunity or any
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`information discovered to be subject to any such privilege or immunity during the course of the
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`deposition. Inadvertent disclosure of any such information shall not be deemed a waiver of any
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`privilege or immunity.
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`3.
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`Dr. Siegel objects to each deposition topic to the extent it calls for information that
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`is not relevant to the claims or defenses at issue in the above-captioned case.
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`4.
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`Dr. Siegel objects to each deposition topic to the extent it seeks discovery that is
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`not proportional to the needs of the case.
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`5.
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`Dr. Siegel objects to each deposition topic to the extent it calls for the disclosure of
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`confidential and/or proprietary information of any other individual or entity.
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`6.
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`Dr. Siegel objects to each deposition topic to the extent it seeks information without
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`a time limitation.
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`7.
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`Dr. Siegel objects to each deposition topic to the extent it seeks discovery of
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`information that is cumulative or duplicative of information requested in another deposition topic.
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`2
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`8.
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`Dr. Siegel objects to every deposition topic to the extent it seeks information that
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`is already in AGIS’s possession, custody, or control; is obtainable by AGIS from a more
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`convenient, less burdensome, or less expensive source; or is otherwise cumulative or duplicative.
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`9.
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`Dr. Siegel objects to every deposition topic to the extent it assumes facts or
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`obligations contrary to evidence or otherwise unsupported by facts or application of law.
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`10.
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`Dr. Siegel objects to every deposition topic to the extent it purports to attribute any
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`special or unusual meaning to any terms or phrases.
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`SPECIFIC RESPONSES AND OBJECTIONS
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`Topic No. 1:
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`The structure, operation, design, development, functionality, features, testing, and
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`manufacture of FBCB2.
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`Response to Topic No. 1:
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`Dr. Siegel incorporates by reference his general objections. Dr. Siegel further objects to
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`this topic as irrelevant to the extent it seeks information about the structure, operation, design,
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`development, functionality, features, testing, and manufacture of FBCB2 after the alleged priority
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`date of the patents asserted in the above-captioned litigation. Dr. Siegel further objects to this
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`topic as overly broad, unduly burdensome, and disproportionate to the needs of the case for
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`including an unbounded time period. Dr. Siegel further objects to this topic to the extent it requires
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`disclosure of trade secrets, confidential business information, or classified government
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`information.
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`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
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`Topic No. 2:
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`3
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`The dates and circumstances relating to the development of FBCB2, the location of the
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`development of FBCB2, and the identity of Person(s) and Entity involved in the development of
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`FBCB2.
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`Response to Topic No. 2:
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`Dr. Siegel incorporates by reference his general objections. Dr. Siegel further objects to
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`this topic as irrelevant to the extent it seeks the dates and circumstances relating to the development
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`of FBCB2, the location of the development of FBCB2, and the identity of any person or entity
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`involved in the development of FBCB2 after the priority date of the patents asserted in the above-
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`captioned litigation. Dr. Siegel further objects to this topic as overly broad, unduly burdensome,
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`and disproportionate to the needs of the case for including an unbounded time period and for
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`seeking the identity of every person and/or entity involved in the development of FBCB2. Dr.
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`Siegel further objects to this request to the extent it requires disclosure of trade secrets, confidential
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`business information, or classified government information.
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`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
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`Topic No. 3:
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`The dates and circumstances under which FBCB2 as first publicly announced, promoted,
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`used, made available, offered for sale, sold, and/or imported, and the Person(s) and Entity involved
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`in each activity
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`Response to Topic No. 3:
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`Dr. Siegel incorporates by reference his general objections. Dr. Siegel further objects to
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`this request as overly broad and unduly burdensome to the extent it requests information about all
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`people and entities involved in the public announcement, promotion, use, making available,
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`offering for sale, and/or importing of FBCB2. Dr. Siegel further objects to this request to the
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`extent it requires disclosure of confidential business information or classified government
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`information. Dr. Siegel further objects to this request to the extent it seeks information that is
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`available in the public domain, and as readily gathered by AGIS as by Dr. Siegel.
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`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
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`Topic No. 4:
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`The location and custodians of Documents related to the sale, offer for sale, marketing,
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`promotion, advertisement, distribution, and/or importation into the United States of FBCB2.
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`Response to Topic No. 4:
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`Dr. Siegel incorporates by reference his general objections. Dr. Siegel further objects to
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`this topic to the extent it seeks information protected from discovery by the attorney-client
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`privilege and/or work product doctrine. Dr. Siegel further objects to this topic as overly broad,
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`unduly burdensome, and disproportionate to the needs of the case, to the extent it seeks the current
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`location and custodians of all documents related to the sale, offer for sale, marketing, promotion,
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`advertisement, distribution, and/or importation into the United States of FBCB2. Dr. Siegel further
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`objects to this request to the extent it seeks information that is available in the public domain, and
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`as readily gathered by AGIS as by Dr. Siegel. Dr. Siegel further objects to this request to the
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`extent it requires disclosure of trade secrets, confidential business information, or classified
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`government information.
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`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
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`Topic No. 5:
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`Your awareness of and communications regarding the Action.
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`Response to Topic No. 5:
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`5
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`Case 2:17-cv-00513-JRG Document 275-4 Filed 01/09/19 Page 7 of 11 PageID #: 18557
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`Dr. Siegel incorporates by reference his general objections. Dr. Siegel further objects to
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`this topic to the extent it seeks information protected from discovery by the attorney-client
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`privilege and/or work product doctrine. Dr. Siegel further objects to the term “awareness of” as
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`vague, ambiguous, and/or undefined.
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`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
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`Topic No. 6:
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`Communications with Apple or Defendants regarding FBCB2.
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`Response to Topic No. 6:
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`Dr. Siegel incorporates by reference his general objections. Dr. Siegel further objects to
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`this topic to the extent it seeks information protected from discovery by the attorney-client
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`privilege and/or work product doctrine. Dr. Siegel further objects to this request as overly broad,
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`unduly burdensome, and disproportionate to the needs of the case to the extent it seeks
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`communications between Apple or Defendants and any persons or entities other than Dr. Siegel.
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`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
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`Topic No. 7:
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`The identity of any variations and/or versions of FBCB2, and systems with functionalities
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`similar to FBCB2.
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`Response to Topic No. 7:
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`Dr. Siegel incorporates by reference his general objections. Dr. Siegel further objects to
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`this topic as irrelevant to the extent it seeks information about the identity of variations and/or
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`versions of FBCB2 and systems with functionalities similar to FBCB2 after the alleged priority
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`date of the patents-in-suit. Dr. Siegel further objects to this topic as overly broad, unduly
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`burdensome, and disproportionate to the needs of the case for including an unbounded time period.
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`Case 2:17-cv-00513-JRG Document 275-4 Filed 01/09/19 Page 8 of 11 PageID #: 18558
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`Dr. Siegel further objects to this request to the extent it requires disclosure of trade secrets,
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`confidential business information, or classified government information. Dr. Siegel further objects
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`to this request to the extent it seeks information that is available in the public domain, and as
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`readily gathered by AGIS as by Dr. Siegel. Dr. Siegel further objects to this request because the
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`terms “variations,” “versions,” and “systems with functionalities similar to FBCB2” are vague,
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`ambiguous, and/or undefined.
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`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
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`Topic No. 8:
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`The identities, including, but not limited to, the name and relationship to You, and the
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`locations of Persons with knowledge of the subject matter of the Topics in this notice.
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`Response to Topic No. 8:
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`Dr. Siegel incorporates by reference his general objections. Dr. Siegel further objects to
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`this topic to the extent it seeks information protected from discovery by the attorney-client
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`privilege and/or work product doctrine. Dr. Siegel further objects to this topic as overly broad,
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`unduly burdensome, and disproportionate to the needs of the case, to the extent it seeks information
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`about the identities and knowledge of persons with any knowledge of the subject matter of the
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`Topics in this notice. Dr. Siegel further objects to this request to the extent it requires disclosure
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`of confidential business information or classified government information. Dr. Siegel further
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`objects to this request to the extent it seeks information that is available in the public domain, and
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`as readily gathered by AGIS as by Dr. Siegel.
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`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
`Subject to and without waiving these objections, Dr. Siegel will testify regarding this topic.
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`Topic No. 9:
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`7
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`Case 2:17-cv-00513-JRG Document 275-4 Filed 01/09/19 Page 9 of 11 PageID #: 18559
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`The identity and location of any and all Documents, electronic, files, databases, and other
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`tangible Things relating to or containing information relating to the Deposition Topics, including
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`those Documents relied on or reviewed for the purpose of becoming knowledgeable about the
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`Deposition Topics on which you may testify.
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`Response to Topic No. 9:
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`Dr. Siegel incorporates by reference his general objections. Dr. Siegel further objects to
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`this topic to the extent it seeks information protected from discovery by the attorney-client
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`privilege and/or work product doctrine. Dr. Siegel further objects to this topic as overly broad,
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`unduly burdensome, and disproportionate to the needs of the case, to the extent it seeks the identity
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`and location of “any and all” Documents, electronic, files, databases, and other tangible Things
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`relating to or containing information relating to the Deposition Topics. Dr. Siegel further objects
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`to this request to the extent it requires disclosure of trade secrets, confidential business information,
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`or classified government information. Dr. Siegel further objects to this request to the extent it
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`seeks information that is available in the public domain, and as readily gathered by AGIS as by
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`Dr. Siegel. Dr. Siegel further objects to the term “electronic” as vague, ambiguous, and/or
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`undefined.
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`Subject to and without waiving these objections, Dr. Siegel will testify regarding the
`Subject to and without waiving these objections, Dr. Siegel will testify regarding the
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`documents he relied on or reviewed for the purpose of becoming knowledgeable about the
`documents he relied on or reviewed for the purpose of becoming knowledgeable about the
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`Deposition Topics on which he may testify.
`Deposition Topics on which he may testify.
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`8
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`Case 2:17-cv-00513-JRG Document 275-4 Filed 01/09/19 Page 10 of 11 PageID #: 18560
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`Dated: November 12, 2018
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`By: Respectfully submitted:
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`/s/ Melissa R. Smith
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`Melissa Richards Smith
`State Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Ave.
`Marshall, TX 75670
`Tel: (903) 934-8450
`Fax: (903) 934-9257
`melissa@gillamsmithlaw.com
`
`John M. Desmarais
`Michael P. Stadnick
`Ameet A. Modi
`Cosmin Maier
`Kerri-Ann Limbeek
`Brian Matty
`Kathryn Bi
`Francesco Silletta
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: (212) 351-3400
`Facsimile: (212) 351-3401
`Email: jdesmarais@desmaraisllp.com
`Email: mstadnick@desmaraisllp.com
`Email: amodi@desmaraisllp.com
`Email: cmaier@desmaraisllp.com
`Email: klimbeek@desmaraisllp.com
`Email: bmatty@desmaraisllp.com
`Email: kbi@desmaraisllp.com
`Email: fsilletta@desmaraisllp.com
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`ATTORNEYS FOR DEFENDANT
`APPLE INC.
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`Case 2:17-cv-00513-JRG Document 275-4 Filed 01/09/19 Page 11 of 11 PageID #: 18561
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that counsel of record who are deemed to have consented
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`to electronic services are being served with a copy of this document via email on this the 12th day
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`of November, 2018.
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`/s/ Melissa R. Smith
`Melissa R. Smith
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`10
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